[Federal Register Volume 90, Number 119 (Tuesday, June 24, 2025)]
[Notices]
[Pages 26782-26786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11536]
[[Page 26782]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-215]
L-Lysine From the People's Republic of China: Initiation of Less-
Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 17, 2025.
FOR FURTHER INFORMATION CONTACT: Mira Warrier, Office II, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8031.
SUPPLEMENTARY INFORMATION:
The Petition
On May 28, 2025, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of L-
lysine (lysine) from the People's Republic of China (China) filed in
proper form on behalf of the Lysine Fair Trade Coalition and its
individual members (the petitioners).\1\ The AD Petition was
accompanied by a countervailing duty (CVD) petition concerning imports
of lysine from China.\2\
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\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated May 28, 2025
(Petition). The individual members of the Lysine Fair Trade
Coalition are Archer Daniels Midland Company, CJ Bio America, Inc.,
and Evonik Corporation.
\2\ Id.
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Between May 29 and June 12, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ Between June 2 and 16, 2025, the
petitioners filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
May 30, 2025 (First General Issues Questionnaire); ``Supplemental
Questions,'' dated May 29, 2025; and Memorandum, ``Phone Call with
Counsel to the Petitioners,'' dated June 12, 2025 (June 12, 2025,
Memorandum).
\4\ See Petitioners' Letters, ``Petitioners' Supplement to
Volume I of the Petition for the Imposition of Antidumping and
Countervailing Duties,'' dated June 3, 2025 (First General Issues
Supplement); ``Petitioners' Response to Supplemental Questionnaire
Concerning Volume II of Petition,'' dated June 2, 2025;
``Petitioners' Response to 2nd Supplemental Questionnaire Regarding
Volume II of the Petition,'' dated June 13, 2025 ; and
``Petitioners' Response to 2nd Supplemental Questionnaire Regarding
Common Issues and Injury Volume I of the Petition,'' dated June 16,
2025 (Second General Issues Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of lysine from
China are being, or are likely to be, sold in the United States at less
than fair value (LTFV) within the meaning of section 731 of the Act,
and that imports of such product are materially injuring, or
threatening material injury to, the domestic industry producing lysine
in the United States. Consistent with section 732(b)(1) of the Act, the
Petition is accompanied by information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry, because the petitioners are interested parties,
as defined in sections 771(9)(C) and (F) of the Act. Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested LTFV investigation.\5\
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\5\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation
Because the Petition was filed on May 28, 2025, and because China
is a non-market economy (NME) pursuant to 19 CFR 351.204(b)(1), the
period of investigation (POI) for the LTFV investigation is October 1,
2024, through March 31, 2025.
Scope of the Investigation
The product covered by this investigation is lysine from China. For
a full description of the scope of this investigation, see the appendix
to this notice.
Comments on the Scope of the Investigation
On May 30 and June 12, 2025, Commerce requested information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the product for which the domestic industry is seeking
relief.\6\ On June 3 and 16, 2025, the petitioners provided
clarifications and revised the scope.\7\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\6\ See First General Issues Questionnaire; see also June 12,
2025, Memorandum.
\7\ See First General Issues Supplement at 2-4; see also Second
General Issues Supplement at 2-6.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\9\ all such factual information should be limited to
public information. Commerce requests that interested parties provide
at the beginning of their scope comments a public executive summary for
each comment or issue raised in their submission. Commerce further
requests that interested parties limit their public executive summary
of each comment or issue to no more than 450 words, not including
citations. Commerce intends to use the public executive summaries as
the basis of the comment summaries included in the analysis of scope
comments. To facilitate preparation of its questionnaires, Commerce
requests that scope comments be submitted by 5:00 p.m. Eastern Time
(ET) on July 7, 2025, which is 20 calendar days from the signature date
of this notice. Any rebuttal comments, which may include factual
information, and should also be limited to public information, must be
filed by 5:00 p.m. ET on July 17, 2025, which is 10 calendar days from
the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\10\ An electronically filed document must be
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received successfully in its entirety by the time and date it is due.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of lysine to be reported in
response to Commerce's AD questionnaires. This information will be used
to identify the key physical characteristics of the subject merchandise
in order to report the relevant factors of production (FOP) accurately,
as well as to develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaires, all
product characteristics comments must be filed by 5:00 p.m. ET on July
7, 2025, which is 20 calendar days from the signature date of this
notice. Any rebuttal comments must be filed by 5:00 p.m. ET on July 17,
2025, which is 10 calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of the LTFV investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\12\
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\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigation.\13\ Based on our analysis of the information
submitted on the record, we have determined that lysine, as defined in
the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\14\
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\13\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist: L-
lysine from the People's Republic of China,'' dated concurrently
with, and hereby adopted by, this notice (China AD Initiation
Checklist), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering L-lysine from
the People's Republic of China (Attachment II). This checklist is on
file electronically via ACCESS.
\14\ For further discussion, see Attachment II of the China AD
Initiation Checklist.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their own production of the domestic like product in 2024 and compared
this to the estimated total production of the domestic like product for
the entire domestic industry.\15\ We relied on data provided by the
petitioners for purposes of measuring industry support.\16\
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\15\ Id.
\16\ Id.
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Our review of the data provided in the Petition and other
information readily available to Commerce indicates that the
petitioners have established industry support for the Petition.\17\
First, the Petition established support from domestic producers (or
workers) accounting for more than 50 percent of the total production of
the domestic like product and, as such, Commerce is not required to
take further action in order to evaluate industry support (e.g.,
polling).\18\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\19\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\20\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 732(b)(1) of the
Act.\21\
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\17\ Id.
\18\ Id.; see also section 732(c)(4)(D) of the Act.
\19\ See Attachment II of the China AD Initiation Checklist.
\20\ Id.
\21\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\22\
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\22\ For further discussion regarding negligibility and the
injury allegation, see China AD Initiation Checklist at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering L-lysine from the People's Republic of China.
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The petitioners contend that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
reduced market share; underselling and price depression and/or
suppression; lost sales and revenues; declines in domestic producers'
production, employment variables, and financial performance; and
underutilized capacity.\23\ We assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence, and meet the
statutory requirements for initiation.\24\
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\23\ Id.
\24\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate a LTFV investigation
of imports of lysine from China. The sources of data for the deductions
and adjustments relating to U.S. price and normal value (NV) are
discussed in greater detail in the China AD Initiation Checklist.
U.S. Price
The petitioners based export price (EP) on the POI average unit
value derived from official import statistics for imports of lysine
from China.\25\ The petitioners made certain adjustments to U.S. price
to calculate a net ex-factory U.S. price, where applicable.\26\
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\25\ See China AD Initiation Checklist.
\26\ Id.
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Normal Value
Commerce considers China to be an NME country.\27\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this LTFV investigation. Accordingly, we
base NV on FOPs valued in a surrogate market economy country in
accordance with section 773(c) of the Act.
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\27\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioners claim that Malaysia is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\28\ The petitioners provided
publicly available information from Malaysia to value all FOPs except
labor.\29\ Consistent with Commerce's recent practice in cases
involving Malaysia as a surrogate country,\30\ to value labor, the
petitioners provided labor statistics from another surrogate country,
the Republic of T[uuml]rkiye (T[uuml]rkiye).\31\ Based on the
information provided by the petitioners, we believe it is appropriate
to use Malaysia as a surrogate country for China to value all FOPs
except labor and to value labor using labor statistics from
T[uuml]rkiye for initiation purposes.
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\28\ See China AD Initiation Checklist.
\29\ Id.
\30\ See, e.g., Certain Collated Steel Staples from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; and Final Determination of No Shipments; 2021-2022, 88 FR
85242 (December 7, 2023), and accompanying Issues and Decision
Memorandum (IDM) at Comment 2; and Light-Walled Rectangular Pipe and
Tube from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review, 88 FR 15671 (March 14,
2023), and accompanying IDM at Comment 2.
\31\ See China AD Initiation Checklist.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioners used the production experience and product-specific
consumption rates of a U.S. producer of lysine as a surrogate to value
Chinese manufacturers' FOPs.\32\ Additionally, for China, the
petitioners calculated factory overhead, SG&A, and profit based on the
experience of a Malaysian producer of comparable merchandise.\33\
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\32\ Id.
\33\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of lysine from China are being, or are likely to
be, sold in the United States at LTFV. Based on comparisons of EP or NV
in accordance with sections 772 and 773 of the Act, the estimated
dumping margin for lysine from China covered by this initiation is
198.51 percent.\34\
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\34\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating a LTFV investigation to determine
whether imports of lysine from China are being, or are likely to be,
sold in the United States at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 140 days after
the date of this initiation.
Respondent Selection
The petitioners identified 113 companies in China as producers and/
or exporters of lysine.\35\ Our standard practice for respondent
selection in AD investigation involving NME countries is to select
respondents based on quantity and value (Q&V) questionnaires in cases
where Commerce has determined that the number of companies is large,
and it cannot individually examine each company based upon its
resources. Therefore, considering the number of producers and/or
exporters identified in the Petition, Commerce will solicit Q&V
information that can serve as a basis for selecting exporters for
individual examination in the event that Commerce determines that the
number is large and decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act.
Because there are 113 Chinese producers and/or exporters identified in
the Petition, Commerce has determined that it will issue Q&V
questionnaires to the largest producers and/or exporters in China that
are identified in the U.S. Customs and Border Protection POI entry data
for which there is complete address information on the record.\36\
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\35\ See Petition at Volume I (page 11 and Exhibit GEN-4); see
also First General Issues Supplement at 2 and Exhibit SUPP-GEN-4.
\36\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated June 17, 2025.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of lysine from China that do
not receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and
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can obtain a copy of the Q&V questionnaire from Commerce's website.
Responses to the Q&V questionnaire must be submitted by the relevant
Chinese producers/exporters no later than 5:00 p.m. ET on July 1, 2025,
which is two weeks from the signature date of this notice. All Q&V
questionnaire responses must be filed electronically via ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted
above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. Note that Commerce recently
promulgated new regulations pertaining to separate rates, including the
separate rate application deadline and eligibility for separate rate
status, in 19 CFR 351.108.\37\ Pursuant to 19 CFR 351.108(d)(1), the
separate rate application will be due 21 days after publication of this
initiation notice.\38\ Exporters and producers must file a timely
separate rate application if they want to be considered for individual
examination. In addition, pursuant to 19 CFR 351.108(e), exporters and
producers who submit a separate rate application and have been selected
as mandatory respondents will be eligible for consideration for
separate rate status only if they fully respond to all parts of
Commerce's AD questionnaire and participate in the LTFV proceeding as
mandatory respondents.\39\ Commerce requires that companies from China
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines to receive consideration
for separate rate status. Companies not filing a timely Q&V
questionnaire response will not receive separate rate consideration.
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\37\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\38\ See 19 CFR 351.108(d)(1).
\39\ See 19 CFR 351.108(e).
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\40\
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\40\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of lysine from China are materially injuring,
or threatening material injury to, a U.S. industry.\41\ A negative ITC
determination will result in the investigation being terminated.\42\
Otherwise, this LTFV investigation will proceed according to statutory
and regulatory time limits.
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\41\ See section 733(a) of the Act.
\42\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \43\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\44\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\43\ See 19 CFR 351.301(b).
\44\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\45\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered
[[Page 26786]]
timely. An extension request must be made in a separate, standalone
submission; under limited circumstances we will grant untimely filed
requests for the extension of time limits, where we determine, based on
19 CFR 351.302, that extraordinary circumstances exist. Parties should
review Commerce's regulations concerning the extension of time limits
and the Time Limits Final Rule prior to submitting factual information
in this investigation.\46\
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\45\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\46\ See 19 CFR 351.302; see, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD proceeding must
certify to the accuracy and completeness of that information.\47\
Parties must use the certification formats provided in 19 CFR
351.303(g).\48\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\47\ See section 782(b) of the Act.
\48\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\49\
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\49\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: June 17, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers animal feed grade L-
lysine (lysine). Lysine is an essential amino acid added to animal
feed that is used in the biosynthesis of proteins. The scope covers
lysine regardless of form, including lysine monohydrochloride, also
referred to as lysine HCL, lysine sulfate, and liquid lysine. The
scope includes lysine that has been coated or encapsulated for use
with ruminants to ensure bioavailability.
Lysine HCL in the dry form has the molecular formula
C6H14N2O2HCl. The
Chemical Abstracts Service (CAS) registry number for lysine HCL is
657-27-2. Lysine HCL contains a minimum of 78 percent lysine by
weight, as well as additional amino acids, carbohydrates, mineral
salts, and organic acids. Lysine sulfate is the sulfate salt of
lysine, and in the dry form it has the molecular formula
C6H16N2O6S. The CAS
registry number for lysine sulfate is 60343-69-3. Lysine sulfate
typically contains approximately 40-70 percent lysine by weight, as
well as additional amino acids, carbohydrates, mineral salts, and
organic acids. Liquid lysine is a concentrated form of lysine in an
aqueous solution with the molecular formula
C6H14N2O2. The CAS
registry number for liquid lysine is 56-87-1. Liquid lysine normally
contains at least 50 percent lysine by weight, as well as additional
amino acids, carbohydrates, mineral salts, and organic acids.
The scope includes animal feed grade lysine that is combined
with other products, including for example, by mixing, blending,
compounding, or granulating (e.g., base mixes, premixes, and
concentrates). For such combined products, only the lysine component
is covered by the scope of this investigation.
Subject merchandise also includes lysine that has been processed
in a third country, including by commingling, diluting, adding or
removing additives, refining, converting from liquid to dry or dry
to liquid form, coating or encapsulating, or performing any
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the subject country.
The merchandise covered by this investigation is properly
classified under Harmonized Tariff Schedule of the United States
(HTSUS) subheading 2922.41.0090. Lysine may also be classified under
HTSUS subheadings 2922.41.0010, 2922.49.4950, 2309.90.7000, and
2309.90.9500. Although the HTSUS subheadings and the CAS registry
numbers are provided for convenience and customs purposes, the
written description of the scope of the investigation is
dispositive.
[FR Doc. 2025-11536 Filed 6-23-25; 8:45 am]
BILLING CODE 3510-DS-P